In re: Kevin J. HENRY v. BANK OF NEW YORK MELLON f/k/a the Bank of NY, AS TRUSTEE OF CWALT 2005-J12 and Sheila Polkow, as Successor in interest to the Estate of Gary Polkow
In re: Kevin J. HENRY v. BANK OF NEW YORK MELLON f/k/a the Bank of NY, AS TRUSTEE OF CWALT 2005-J12 and Sheila Polkow, as Successor in interest to the Estate of Gary Polkow
Opinion
IT IS HEREBY ORDERED that the Rule to Show Cause is made ABSOLUTE. Although this Court acknowledges a legitimate question as to whether the District Court's orders summarily dismissing Plaintiff's claims and dismissing without prejudice the counterclaims filed by Defendant Sheila Polkow resulted in the entry of a final judgment against Plaintiff, the Court of Appeals division's order concluding otherwise constitutes the law of the case and is binding on the District Court. Accordingly, the case is remanded to the District Court with instructions that that Court enter an order, pursuant to C.R.C.P. 54(b), expressly finding that there is no just reason for delay, expressly directing the entry of final judgment, and entering a final judgment, so that Plaintiff may pursue his appeal in the Colorado Court of Appeals.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.